A Kenyan judge who was in February 2020 arrested and accused of coaching the main suspect in the murder trial of Dutch Businessman Tob Cohen has sued Inspector General of Police Hillary Mutyambai and Directorate of Criminal Investigations (DCI) boss George Kinoti.
Court of Appeal Judge Sankale Olekantai was accused of coaching Sarah Wairimu who is the main suspect in the murder of her late husband whose lifeless body was found dumped inside a septic tank at their Kitusuru home in September 2019.
However, a few days ago, the Judge was cleared of the murder investigations by the Director of Public Prosecution (DPP) Noordin Haji.
In a petition filed at the Milimani High Court, the Judge argues that his arrest was humiliating and that he spent the night in cells which were in a deplorable condition which exposed him to health hazards.
According to the Judge, arresting him in the manner in which he was nabbed with no evidence was shameful and it injured his reputation since he is a respected member of the society.
Justice Kantai said that all which could have been done is that the DCI boss should have summoned him to record statement and not just arresting him without hearing his side of the story.
“The respondents’ actions have affected my work life and I cannot hear and determine matters where the respondents are parties without fear of intimidation,” Justice Kantai in the petition said.
He said that his phone was forcefully taken from him and unlawfully confiscated for a period of 90 days and was summoned to the DCI officers 12 times.
All this time, the Judge said he was subjected to public humiliation yet there was no evidence that linked him to the matter.
The judge wondered why he was arrested yet the investigators did not have any proof of what they were humiliating him for.
He said that several of his constitutional rights were violated in the days he was being summoned as he was denied his freedom without a cause. He also argues that his privacy was invaded and reputation equally dragged through the mud.
On the fateful day when he was nabbed by detectives from the DCI headquarters, they stormed his home in six cars which had sirens in the full cameras of the media.
He termed the arrest as dramatic since the officers never gave any explanations on their actions and did not have a search warrant.